Re Furlow (2009) COP 1/10/09

The donor appointed X and Y to act jointly and severally. He included the following provision: "X shall act with general authority on my behalf in relation to all my property and affairs. Y shall act with authority to do the following on my behalf: To deal with my bank accounts and savings and investments in relation to my bank accounts, savings accounts and investments." He then added: "Y may deal with my bank investments subject to my prior approval." On the attorney's application, both provisions were severed. The first was incompatible with a joint and several appointment (as one attorney had more limited powers than the other), and the second was unworkable after the donor's loss of capacity. [OPG summary.)

Notes

The summary above was taken from the OPG website. It is listed as "Re Furlow (an order made by District Judge SE Rogers on 1 October 2009)" under the heading "Severance of restrictions incompatible with a joint and several appointment". It was published on 24/11/09. There was no written judgment.

External link

No Bailii link (no transcript)

Summary on OPG section of Justice website .This is a link to an archived version of the web page (archived on 6/10/14).